ISLAND COUNTY COMMISSIONERS
- MINUTES OF MEETING
REGULAR SESSION -
NOVEMBER 26, 2001
The Regular Meeting of the Board of Island
County Commissioners was held on November 26, 2001, at 11:30 a.m.
for a Roundtable with Elected Officials, followed by other topics at 1:30 p.m. as
outlined on the agenda, including Diking Improvement District
#4. The meeting was held in the Island County Courthouse Annex
Hearing Room, Coupeville, Wa., with
William F. Thorn, Chairman, and Mike Shelton, Member, present; Wm. L. McDowell, Member, absent.
Roundtable
Meeting with Island County Elected Officials
Attendance: Elected
Officials: Tom Baenen; Jane Koetje;
Maxine Sauter; Suzanne Sinclair
Others: Elaine
Marlow; Dick Toft
December 24 - Board Meeting Time Change
The
fourth Monday of the month falls
on December 24th, and is a scheduled regular meeting of the Board beginning at 11:30 a.m. for a Roundtable with Elected Officials, followed by other topics at 1:30 p.m.
Inasmuch as December 24th
is Christmas Eve, Chairman Thorn
announced that the ‘Board planned to
cancel the 11:30 a.m. Elected Officials Roundtable and the regular
session beginning at 1:30 p.m., and
schedule instead a special session to begin at 9:30 a.m. to take care of county business.
Property
Re-valuations.
Mr.
Baenen expects that his Office will
complete tomorrow the printing
and stuffing of re-valuation notices; there are some 55,000 to be sent.
A lot of values have gone up;
there has been a lot of market
activity, and jumps in valuation in all
classes of property. A press release
was issued for next week’s Whidbey News Times, although it was printed this
past Saturday, and there will be many anxious property owners who are
immediately interested to know the re-valued property value. Information and assistance to Camano
Islanders will be set up at Terry’s
Corner Fire Station for four days in order to answer questions and concerns of
those citizens. He has some concern
there may be a general misunderstanding by the public over I-747; if
someone’s statement for taxes
last year was $1,000, this year it will not be $1,010 as many people think, but
$1,250. I-747 applies only to overall tax district budgets which cannot go up more than 1%.
Budget Plans
Chairman
Thorn confirmed that the Board scheduled a Public Hearing on December 3, 2001, at 1:30 p.m. on adoption of the budget. Realizing
it is an unbalanced budget at this point and that a balanced budget must
ultimately be adopted, plans are to
continue to hearing to the special session on
December 24th, and set up times on the December 10 and 17 agendas for
follow-on discussions with the Budget Director.
Meeting With Legislators
The 2002 Legislative Session begins on January 14,
2002 and the Washington State Association WSAC believes now is the time to meet with legislators
about important needs of the
county. Since the legislators are
already in Olympia in January prior to
the start of the session, Commissioner Shelton suggested a meeting be set up
here in December with the Board of Commissioners, County Elected Officials, and Appointed Department Heads. He offered to work on getting such a meeting
set up for a Thursday or Friday in December.
Meeting
adjourned at 12:10 p.m.; next roundtable
- 1/28/02 @ 11:30 a.m.
VOUCHERS AND PAYMENT OF BILLS
The following
vouchers/warrants were approved for payment by unanimous motion of the
Board: Voucher (War.) #111749 - #111909………………………..……$71,253.77.
Veterans Assistance Fund: [emergency financial assistance to
certain eligible veterans; the names
and specific circumstances are maintained confidential]. The Board, by
unanimous motion, approved the recommendation of the Veterans Assistance Review
Committee in the amount of $9,228.11, with vouchers approved now in the amount
of $1,302.18, the remaining dental costs later [as listed].
Hiring Requests
& Personnel Actions
As
presented and summarized by Terry Cheuvront, in the absence of the Human Resource Director, the Board by
unanimous motion, approved the following personnel action authorizations:
Dept.
PAA # Description Position # Action Eff. Date
Public Works 121/01 Acct Supv. 2209.00 * Personnel 11/26/01
Public Works 122/01 Office Mgr 2210.00 * Personnel 11/26/01
Health 123/01 Env Hlth Spec 2403.07 New Position [grant] 11/26/01
Health 124/01 Dept.
Asst. 75 fte 2420.00 New Position [grant] 11/26/01
(*Public Works Manager on active duty, with duties distribution between
the two above-listed positions, on Active Duty, above two positions with
upgraded paygrade until 11/7/02 or earlier if Public Works Manager returns
earlier from active duty).
Re-appointment
to HOUSING AUTHORITY OF ISLAND COUNTY
By
unanimous motion, the Board reappointed
Lisa A Clark to serve another five year term to expire December 6, 2006, on the
Island County Housing Authority. Certificate of Appointment approved and
signed, placed on file with the Clerk of the Board.
Staff Session schedule
for December
The Board approved by unanimous motion for distribution the Staff Session schedule
for December, 2001, outlining the two regular staff sessions for
that month to be held on December 5 and 19 beginning at 9:00 a.m.
Agreement
#PIE-SA02-04 [RM-EXT-01-0107] between
Puget Sound Water Quality Action Team
and Island County WSU
As presented by Don Meehan, outlined in his memorandum
to the Board dated November 21, 2001, the Board by unanimous motion approved
Agreement #PIE-SA02-04 [RM-EXT-01-0107]
between Puget Sound Water Quality
Action Team and Island County WSU in
the amount of $1300 representing funding support for two educational events sponsored by WSU
Beach Watchers: “Wonders of the Islands
and Sound Waters; Near the Shores”.
CHRISTENSEN BUILDING LEASE
Pulled from
today’s calendar, to be presented after
Lessor has signed.
CONTRACT #HD-11-00 (I) COLLABORATION FOR CHILDREN
CHILD CARE CONSULTATION PROGRAM
Pulled from
today’s calendar, to be presented after
the Contractor has signed the Contract.
Resolution #C-151-01 Declaring
County Property Surplus
Lee McFarland, Assistance Director, General Services
Administration (GSA) presented a
proposed resolution for the purpose of declaring a county Drainage
Easement surplus as described on
Exhibit A, for consideration of the County being granted a Trail Easement
described in Exhibit B, related to development of the English Boom property on
Camano Island. Mr. McFarland confirmed
his recommendation was for approval of the Resolution.
By unanimous motion, the Board approved Resolution
#C-151-01 in the matter of declaring County property surplus.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER OF DECLARING)
COUNTY PROPERTY
SURPLUS ) RESOLUTION NO. C-151 -01
WHEREAS, Island County Code Chapter
2.31, Sale Or Lease Of Surplus County Property, was adopted on April 11, 1994;
and
WHEREAS, Island County owns property
as identified on Exhibit “A”; and
WHEREAS, Island County Code Chapter
2.31.030.A.5 allows an exception to real property easements being sold at
public auction; and
WHEREAS, Island County Code
2.31.030.B allows real property or easements to be sold by private negotiation
when not being sold at public auction; and
WHEREAS, the Board of Commissioners of Island County Washington feel it is in the best interest of the Citizens of Island County that a drainage easement be granted on surplus property as shown on Exhibit “A” for consideration of a Trail Easement to the County as shown on Exhibit “B”; and
WHEREAS,
Island County Code 2.31.010 requires the Board of County Commissioners to
declare this property surplus prior to granting an easement; NOW THEREFORE,
BE
IT HEREBY RESOLVED by the Board of County Commissioners of Island County,
Washington that property as shown on Exhibit “A” is surplus to County needs and
may be conveyed in return for an easement to the County as shown on Exhibit
“B”.
Adopted
this 26 day of November, 2001
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
WILLIAM
F. THORN, CHAIRMAN
ATTEST: MIKE
SHELTON, MEMBER
ELAINE
MARLOW [Absent
– Wm. L. McDowell, Member]
CLERK OF THE BOARD BICC 01-755
[Exhibits placed on file with the Clerk
of the Board]
Drainage Easement - Island County to Max L. &
Jeannine V. Reinig
As explained by Mr. McFarland, the property with respect to the Drainage
Easement [RM-GSA-01-0102] as presented
and recommended for approval, is
located above English Boom waterfront trail property on Camano
Island. As a result of granting this
easement, improvements to the existing
drainage area will result in less damage to the County’s property.
By unanimous motion, the Board approved Drainage Easement from Island County to Max L. &
Jeannie V. Renig, situated in a portion of the SW ¼ and Govt. Lot 3, Sec. 16,
TWP 32N, Rge 3E, W.M., Parcel No. R33216-235-0300.
Trail Easement - Max L. &
Jeannine V. Reinig to Island County
In this case, a Trail Easement [RM-GSA-01-0101] is being conveyed by Max L. & Jeannine V.
Reinig to Island County. The trail easement is located on the northern
portion of the Reinig property that abuts on the English Boom waterfront trail property, and Mr.
McFarland explained that the trail easement would allow upper access so that the County can develop
the trail to the beach.
By
unanimous motion, the Board approved the Trail Easement from Max L. &
Jeannie V. Reinig to Island County, located in a portion of the SW ¼ and of
Government Lot 3, Sec. 16, Twp 32N,
Rge3E, W.M.
Hearing
Held: Ordinance #130-01 Ordinance
Redesignating Hazardous Material Incident Command Agency
As
scheduled and advertised, a Public Hearing was held beginning at 1:45 p.m. on
Ordinance #C-130-01, an Ordinance Redesignating
Hazardous Material Incident Command Agency,
forwarded under memo dated October 15, 2001, from Betty Kemp, Director,
GSA. If adopted, the Ordinance would
amend section 9.32.010 of the Island County Code (ICC) to change the Command
Agency for hazardous materials
incidents in the unincorporated areas of Island County from the Island
county Emergency Services Department to the Washington State Patrol. Additionally, it would delete existing ICC
9.32.020 through 9.32.050 dealing with agreements for assistance, terms of assistance agreements, verbal assistance
agreements and effective date.
At
the time of hearing when the Chairman called for comments from the public, no
one came forward with comments either for or against proposed Ordinance #C-130-01.
By
unanimous motion, the Board adopted Ordinance #C-130-01, Ordinance
Redesignating Hazardous Material Incident Command Agency, naming the Washington
State Patrol as the hazardous material incident command agency for unincorporated Island County.
BEFORE THE BOARD OF COUNTY
COMMISSIONERS
OF ISLAND COUNTY,
WASHINGTON
|
ORDINANCE
REDESIGNATING HAZARDOUS MATERIALS INCIDENT COMMAND AGENCY |
ORDINANCE NO. C-130-01 |
WHEREAS, RCW 70.136.030 requires
counties to designate hazardous materials incident command agencies within the
county’s boundaries; and
WHEREAS, by Ordinance CC-82-09,
October 18, 1982, codified as chapter 9.32 of the Island County Code (ICC),
this Board designated the Island County Emergency Services Department as the
hazardous materials incident command agency for all hazardous materials
incidents in the unincorporated limits of Island County; and
WHEREAS, by letter to Annette
Sandberg, Chief of the Washington State Patrol, on November 22, 2000, this
Board advised the Washington State Patrol that Island County no longer has
qualified personnel to provide the necessary services as the command agency for
hazardous materials incidents and that Island County relinquishes command
agency designation to the Washington State Patrol; and
WHEREAS, the Washington State Patrol
has updated its incident command agency designation list to include that it is
the hazardous materials incident command agency for the unincorporated area of
Island County; and
WHEREAS, it is necessary to amend
chapter 9.32 ICC to reflect the Washington State Patrol as the designated
command agency for hazardous materials incidents; NOW, THEREFORE,
BE IT HEREBY ORDAINED that chapter
9.32 ICC is amended as shown on the attached Exhibit “A.” Material lined through is being deleted and
material underlined is being added.
Reviewed this 22nd day of October, 2001, and set for public
hearing on the 26th day of November 2001 at 1:45 p.m. in the Commissioner’s
Hearing Room.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
William
F. Thorn, Chairman
Mike
Shelton, Member
Wm.
L. McDowell, Member
ATTEST:
Elaine
Marlow, Clerk of the Board BICC
01-687
Ordinance C-130-01 is adopted this
26 day of November, 2001 following public hearing.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
William
F. Thorn, Chairman
Mike
Shelton, Member
[absent
- Wm. L. McDowell, Member]
ATTEST:
Elaine Marlow,
Clerk of the
Board
APPROVED AS TO FORM:
David L.
Jamieson, Jr.
Deputy Prosecuting
Attorney and
Island County
Code Reviser
Public Input or
Comments
At
the designated public input period set aside for 2:00 p.m., the Chairman acknowledged members of the
audience who indicated a desire to comment further on the subject
of roadside herbicide spraying.
This issue was heard by the Board last
week in two different meetings:
the regular Board meeting on November 19, 2001, and at Staff Session November 21, 2001. Comments today were requested to be at a
minimum in that substantial information has been submitted already at this
point. Approximately eight people
were present, along with various County
staff members.
Laurie
Keith, Langley,
President, Whidbey Island No Spay Coalition, provided a letter dated
today clarifying points and
summarizing:
Additional relevant facts to consider:
-
very few
studies have been done on the synergistic effect of herbicide combinations
-
those that
have been done show dramatic increases
in toxicity levels with synergistic interaction
-
often
studies and statistics of pesticide/herbicide effects are done on healthy white
males; certain populations, namely children, those with compromised immune
systems and those diagnosed as chemically injured have less tolerance for chemical exposure.
-
numerous
Island County residents are experiencing symptoms coinciding with the roadside
spray
Her
letter offered direction as far as further
inquiry/research into the topic.
WINS position is that the County
take the least toxic alternative and after review of the materials provided,
implement manual, mechanical and cultural methods of vegetation
management or other non toxic means. Mrs. Keith indicated she was told by Mr. Thorn
that progress on this matter would be communicated to the group by the first of the year. Should a decision be made to continue
herbicide application Mrs. Keith requested there be an evening public hearing
held prior to the purchase of the chemicals, and that she be notified in writing. She noted that an ongoing debate on this as
well as potential lawsuits would factor in as another cost of maintaining the
herbicide spray policy. Attachments to
her letter included:
*50 additional petition signatures
*Island County Road/Public Works
Department Memorandum 1/25/01 regarding
Vegetation Management Modification [specifically alternate
herbicide applications
[letter and attachments
placed on file]
Chairman
Thorn clarified the record with respect to the
statement in Ms. Keith’s letter “We have been told by Commissioner Thorn
that progress on this matter will be communicated to us by the first of the
year” in that his comment was not that
there would be some kind of decision by the first of the year, rather that the
Commissioners were looking at the
matter and it would take some time to assimilate all the information, but no
time table indicated.
Lori
Oneal, Clinton,
representing the Chemically Injured, read her letter under today’s date regarding
no spray as a public health policy. In
summary:
§
article
from 11/23/01 Whidbey News Times by Rick Levin “County Fights Back on
Road Spray Debate”, Tim McDonald,
quoted to say: “There’s nothing in the
data that we can find to indicate that this is an environmental or a health
issue,” in regard to the county’s use of
Crossbow, Direx 4L and Round-up Pro.
She found the statement misleading and requested further investigation of the issue.
§
some
history of pesticide and chemical poisoning
after Vietnam and Gulf
Wars, and nerve poisons discovered in
WWII; early signs of poisoning from chemicals; and the need for education. [Reference:
Chemical Exposure and Disease, Dr. Janet Sherman; Dr. Leonard Horowitz,
MD; further references to be provided e-mail]
§
believed to
be documented cases of chemical contamination on Whidbey Island: two Federally designated superfund sites in
Oak Harbor; Oak Harbor School District
site where Dursban was illegally
dumped; and Cultus Bay landfill report of illegally dumped pesticides.
§
Wa. Dept.
of Agriculture unable to obtain permits
to spray Rodeo/Glyphosate for Spartina in Island County this year due to 9th
Circuit Court of Appeals case Talent vs.
Headlands
§
Chemically
Injured are being further damaged by these chemicals [reference: 1998 UW
study by Dr. Clem Furlong]
§
While
Commissioners McDowell and Shelton questioned changing current County policy
for a segment of the population who are
highly allergic, she pointed out that
it is not an allergy, rather a
bio-cummulative chemical poisoning ; estimates of 30% of the U. S. population
adversely affected by exposure to these chemicals [reference: Dr. Leonard
Horowitz] . [Letter along with
packet of information/references placed on file].
Commissioner
Shelton took exception to the comment about a segment of the population,
indicating that he has been trying to
absorb everything people are telling him and did not take lightly any member of
the population who adversely suffers
from whatever.
Theresa
Ghandi, Coupeville,
referred to materials provided a year ago including a packet of science, physicians of greater responsibility, and
other information since then, and wondered if the Commissioners had read either
the 7 pages or the 75 pages. She had
some concerns about last Wednesday’s
meeting during which not enough time was given for Laurie Keith and Lori Oneal
to speak. She reminded the
Commissioners that there were 1300 citizens who signed the petition, serious
about the matter and discussing legal action.
Commissioners
Thorn and Shelton confirmed having read pieces of that information. The Chairman reiterated that the Board has the matter under
advisement, it will take some time to assimilate it fully and decide how to
respond as a County, for all the people and not just those
who
are affected.
Sally
Goodwin, Clinton, a
medical/family doctor, here representing
herself and Elise Miller, Executive Director, Institute for Children’s
Environmental Health, Langley, and read
Ms. Miller’s e-mail dated today sent to each Commissioner, which in summary
indicated:
§
highlighted her experience in the
field of children¹s environmental health and toxic exposures;
founded
Institute for Children¹s Environmental Health which partners locally, regionally, nationally and
internationally with government, academic and community-based groups to help
reduce and eliminate environmental exposures that can undermine children¹s
health.
§
working with scientists, doctors, nurses and public health officials,
learned how little testing has been on
synthetic chemicals in relation to human health. Those that have been tested have only been
evaluated one at a time that is, none have been tested for synergistic health
effects.
§
majority of testing has not taken into account the unique
susceptibilities of the developing fetus and child. Many of these chemicals
bio-accumulate in body fat, are passed on from mother to child in utero and
during breast-feeding, and can persist in the environment for generations.
§
there has been an increase in various chronic illnesses and diseases in
children that may be related to environmental exposures [statistics were provided from data on the
web sites of the U.S. EPA, the National Institute for Environmental Health Sciences
and the Mt. Sinai School of Medicine.]
§
health problems may be due to a
complex interaction of social, genetic and environmental factors, environmental
health concerns are the least researched and the most preventable.
§
almost all pesticides in use are derived from a class of chemicals known
as organophosphates;
§
new data suggests these chemicals
are doing more harm than good for a number of reasons:
1) can drift and
blow into areas that are not intended to be sprayed; 2) can seep into and contaminate ground water;
3) "Inert" ingredients are often toxic but are not labeled; and 4)
Frequent and broad applications can actually increase pest populations over
time.
§
Examples of commonly used pesticides, which have now been determined by
the EPA to be too toxic to stay on the market, include: 1) Dursban (chlorphrifos) will be taken
off the market December 31, 2001; 2)
Diazinon will be prohibited in homes next year and in gardens in 2003; 3) Malathion and acephate (Orthene products)
are now being reviewed and
probably taken off the
market in the next couple years.
§
children¹s health and our community¹s health may be at stake when synthetic chemicals that have not been
thoroughly tested are used, and it is
important to take preventative action in the face of scientific uncertainty and
use the least toxic available alternatives. Urge the Commissioner to undertake these immediately not only protect
our children¹s health, but the ecological health of the entire community for
the future generations.
One
of the points that Chairman Thorn made was
that the Commissioners had received
very broad condemnation of chemicals in the environment; he agreed with
that, but at the same time, important to keep
focused on the subject:
roadside spraying with four discrete chemicals. Both herbicides and pesticides have been
mentioned, and while there may be some
strong concerns about pesticides [insecticides] which he would
share, pesticides are not the issue in this particular case.
Hearing
Held: Ordinance #C-141-00/R-64-01 – An
Ordinance regulating speed limit on County road known as Campbell Road
As
scheduled and advertised, a public hearing was held on Ordinance
#C-141-00/R-64-01 at 2:15 p.m., An Ordinance of Island County, Washington
regulating speed limit on County road known as Campbell Road, located in
Section 22, Township 29N., Rage 3E. As
described by Bill Oakes, Public Works Director, the ordinance would regulate
the speed limit on the section of road
300 feet east and west of Old Pietila Road (a private road) MP 0.91 to MP 1.02
at 20 mph “when children are present”.
At
the time of hearing no one in the audience indicated a desire to speak either
for or against said Ordinance when the Chairman called for comments.
By
unanimous motion, the Board adopted Ordinance #C-141-00/R-64-01, An Ordinance of Island County, Washington
regulating speed limit on County road known as Campbell Road, located in
Section 22, Township 29N., Rage 3E.
WHEREAS,
an engineering and
traffic investigation has been made relative to the above described road; and
WHEREAS, from review of the information
obtained during said engineering and traffic investigation, the existing speed
limit is greater than is reasonable and safe under the conditions found to
exist during days Whidbey Island Waldorf School is in session upon the road
described on the attached Exhibit “A”; and
WHEREAS, the engineering and traffic
investigation also revealed the need to adjust the speed on the road listed on
the attached Exhibit “A”; and
WHEREAS, regulation of maximum vehicle
speeds and traffic control upon County roads is a function of police power
properly exercisable by the Board of County Commissioners; NOW, THEREFORE,
BE IT HEREBY ORDAINED by the Board of
County Commissioners of Island County, Washington, as follows:
The maximum speed on the road listed in the attached Exhibit “A” shall be as shown in said Exhibit, and the Island County Code is amended to read as shown on said Exhibit. Underlined material is added to existing county code and interlineated material is deleted.
THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FIFTEEN DAYS FROM AND AFTER ITS
PASSAGE INTO LAW.
REVIEWED
this 5 day of November, ,
and set for public hearing on the 26 day of
November , 2001, at
2:15 p.m.
BOARD OF COUNTY
COMMISSIONERS
ISLAND COUNTY, WASHINGTON
William F. Thorn, Chairman
Mike Shelton, Member
Wm. L. McDowell, Member
ATTEST:
Elaine Marlow, Clerk of the Board
PASSED INTO LAW this
26 day of November, following public hearing.
BOARD OF COUNTY
COMMISSIONERS
ISLAND COUNTY, WASHINGTON
William F. Thorn, Chairman
Mike Shelton, Member
[absent - Wm. L. McDowell, Member]
ATTEST: Elaine Marlow, Clerk of the Board BICC
01-725
Deputy Prosecuting Attorney
and Code Reviser
Hearing
Held: Franchise #8(1)R, Pondilla
Estates Community Association - renewal
of existing water distribution system
A
Public Hearing was held at 2:20 p.m. as advertised to consider the renewal of
Franchise #8(1)R, Pondilla Estates Community Association for an
existing water distribution system in the Plat of Pondilla Estates, Division #1, Sec. 25, Township 32N, Range 1W., W.M.